How to Write a Legally Valid Will in the UK

A step-by-step guide with examples, pitfalls to avoid, and links you can trust.

A Will is one of the most important documents you’ll ever sign. Done properly, it protects your loved ones, reduces stress at a difficult time, and ensures your wishes are carried out quickly and lawfully. Done badly, or not at all, and you risk delays, disputes, and assets going to people you didn’t intend.

This guide explains how to write a legally valid Will in England & Wales, the decisions you’ll make, and the formalities you must follow to keep it enforceable. If you’re just starting out and wondering whether you need one at all, begin with our primer and come back here for the practical detail:

Start here: Do You Need a Will? Why Every Adult Should Have One

Need help today? Call MAR Legal on +44 (0)161 491 3933 (click-to-call: tel:+441614913933) or email info@marlegal.co.uk.

The legal basics (what makes a Will valid)

In England & Wales a Will is generally valid if:

• it’s in writing;
  
• you sign it (or someone signs for you at your direction);
  
• you sign in the presence of two witnesses who are present at the same time;
  
• each witness signs in your presence; and
  
• you have mental capacity and intend the document to be your Will.
  

These formalities are set out in statute and government guidance. In short: the testator and two witnesses must all sign the same document, observing each other sign. Beneficiaries (and their spouses/civil partners) must not witness, doing so can void their gift. Legislation.gov.uk

Official guidance: [GOV.UK – Make sure your Will is legal] (signing & witnessing) and [Wills Act 1837, s.9] (statutory formalities). GOV.UK

Step-by-step: writing a Will that actually works

1) Map your estate and goals

List your assets (home, savings, investments, business interests, pensions with death benefits, life policies, crypto/digital assets, valuables) and any debts. Note family circumstances (spouse/partner, children from previous relationships, dependants, vulnerable relatives) and any charities you support.

Tip: If you have assets in different countries (e.g., UK and Dubai), flag this now, you may need separate Wills to avoid conflicts. See our DIFC Wills page for UAE planning.

2) Choose your executors (and backups)

Your executors collect assets, pay debts/tax, and distribute the estate. You can appoint up to four; two is common for resilience. For complex or cross-border estates, consider appointing a professional executor alongside a trusted family member. Citizens Advice has a useful overview on choosing executors. Citizens Advice

Good choices: organised, trustworthy adults who get on with your family and will act promptly.
Backup plan: always name reserve executors in case someone can’t act.

3) Decide guardians for children under 18

If you have children, your Will is where you nominate guardians. Consider practicalities: location, health, and whether they can manage the role until adulthood. Record any financial support (via gifts or a trust) and your broad preferences for schooling or religion as non-binding guidance.

4) Structure your gifts

A well-drafted Will distinguishes between:

• Specific legacies (e.g., “£5,000 to my niece Aisha”; “my watch to my brother”).
  
• Pecuniary legacies (cash gifts).
  
• Residuary gift (everything left after debts, taxes, expenses and earlier gifts). Most Wills leave the residue to one person or split it by percentages among several beneficiaries.
  

Example (simple structure):

• £2,000 to British Heart Foundation;
  
• my jewellery to my daughter, Sara;
  
• residue to my spouse; if they die before me, residue to my children equally.
  

5) Add trusts where appropriate

Trusts can protect minors and vulnerable beneficiaries, control timing of access to funds, and help with tax planning. Common options:

• Bare/absolute trusts for simple gifts to children.
  
• Discretionary trusts for flexible support to a class of beneficiaries.
  
• Life interest trusts (interest in possession) to provide income to a spouse while preserving capital for children from a previous relationship.
  

Ask us to recommend what fits your goals; we’ll keep trustee powers and tax provisions up-to-date.

6) Deal with the family home and joint property

Check how you own your home: joint tenants (survivorship to the co-owner) or tenants in common (your share passes under your Will). Your Will can only govern your share. We can help you change ownership to tenants in common where appropriate for planning.

7) Write clear substitution plans

Always say what happens if a beneficiary dies before you. Government guidance expressly reminds you to cover this. GOV.UK

Example: “If any of my children predeceases me, their share shall pass to their own children in equal shares.”

8) Consider charity gifts (and potential IHT benefits)

Gifts to UK-registered charities are exempt from Inheritance Tax (IHT) and may reduce the overall rate if 10% of the net estate is left to charity. See the HMRC guidance on how IHT works. GOV.UK

9) Funeral wishes and digital assets

Include preferences (burial/cremation) and signpost digital assets (where to find passwords/keys for email, cloud storage, photo libraries or crypto wallets). Keep sensitive access details outside the Will (e.g., in a letter of wishes or password manager), as Wills can become public after probate.

10) Check for conflicts and capacity

Your Will must reflect your free intention. If there’s any risk of challenge (e.g., complex family dynamics, new partner, late-life changes), tell us, we’ll help document capacity and free will properly (and gather medical input where useful).

11) Execute (sign) the Will correctly

Follow the correct order:

1. You sign (or someone signs for you at your direction).
   
2. Two independent adult witnesses watch you sign and then sign themselves, in your presence. They should print their names and addresses.
   

• Beneficiaries (and their spouses/civil partners) must not witness.
  
• Keep everyone in the same room for the signing sequence. If that’s not feasible, seek advice before attempting alternatives.
  
• If you’re physically unable to sign, you can direct someone else to sign in your presence and in the presence of both witnesses. GOV.UK 

Age UK has a concise, accessible reminder on witness independence and why beneficiaries must not witness. Age UK

12) Store safely and tell people where it is

Options include:

• with your solicitor (recommended);
  
• HM Courts & Tribunals Service Will storage; or
  
• a reputable private storage/register service.
  

If you use HMCTS, you can post your Will for secure storage and later retrieval. GOV.UK

Give your executors:

• the location of the original;
  
• copies or a summary;
  
• contact details for MAR Legal.
  

Examples: three common Will patterns

A. Young family, mortgaged home

• Executors: spouse + sibling; reserve: close friend.
  
• Guardians: sister and partner.
  
• Gifts: residue to spouse; if they die first, residue to children equally, held on trust until 21, with trustees allowed to advance funds for education or living costs.
  
• Home ownership: convert to tenants in common and add a life interest trust if there are children from a previous relationship.
  

B. Unmarried couple, no children

• Executors: each other; reserve: trusted friend.
  
• Gifts: specific legacies to siblings; residue to partner.
  
• Why this matters: unmarried partners do not inherit under intestacy, a Will is essential. See the government’s intestacy tool for who inherits without a Will. GOV.UK 

C. Blended family, business assets

• Executors: spouse + professional executor.
  
• Trust: life interest for spouse in investment portfolio + discretionary trust for children from both relationships.
  
• Business: confirm succession (shareholders’ agreement) and cross-refer to the Will.
  

Pitfalls that commonly invalidate or derail Wills

1. Wrong witnesses or beneficiaries witnessing
   A beneficiary who witnesses loses their gift; sloppy witnessing can sink the entire Will. Follow the GOV.UK rules to the letter. GOV.UK 
2. Ambiguous wording
   Vague clauses lead to disputes. We draft in clear, modern English and include substitution clauses to avoid gaps. GOV.UK 
3. Forgetting the residue
   If you only gift specific items/cash, the rest of your estate hangs in the air, and may fall into intestacy. Always include a residuary clause.
   
4. Out-of-date Wills
   Marriage generally revokes a Will (unless made “in contemplation of” that marriage); divorce often treats your ex-spouse as having died for gift/executor purposes. Either way, review after life changes.
   
5. Cross-border mistakes
   One UK-style Will can inadvertently revoke a separate UAE/DIFC Will or vice versa. We coordinate dual-jurisdiction Wills to avoid conflicts.
   

DIY errors
Templates don’t catch edge cases. Small drafting errors (or signing mistakes) cause outsized problems and costs later.

How inheritance tax fits in 

IHT is charged on the estate of someone who has died. There’s a nil-rate band and additional rules for spouses/civil partners, charity gifts, and the family home. The government’s page explains the thresholds, rules and allowances; your Will can be structured with these in mind. We’ll guide you on what’s appropriate for your situation. GOV.UK

For general education on executors and IHT, see MoneyHelper’s overviews (public service guidance). MaPS

FAQS on Writing Wills

Do I need a solicitor to write a Will?
Legally no, but professional drafting drastically reduces the risk of invalidity or disputes. If you own property, have children, run a business, or have assets in more than one country, using a solicitor is strongly recommended. To compare options, you can search the Law Society’s Find a Solicitor. The Law Society Solicitors Directory

How many executors should I have?
Up to four can act; two is a sensible default. If minors or trusts are involved, having at least two is often required in practice. Citizens Advice

Where should I store the original?
With your solicitor, with HMCTS Will Storage, or a reputable national register/safe. Tell your executors. GOV.UK

What happens if I die without a Will?
Your estate is distributed under the rules of intestacy, which may not reflect your wishes and can exclude unmarried partners. Use the government tool to check who would inherit. GOV.UK

Can I leave everything to my partner if we’re not married?
Yes, but only by Will. Intestacy won’t protect them. Write a Will and review ownership of your home and accounts.

Can my executor also be a beneficiary?
Yes. That’s common and perfectly acceptable. (Just make sure they don’t witness your signature.) MaPS

How to sign your Will: a mini-checklist for the day

• Print the final version (no manuscript changes at the table).
  
• Gather two independent adult witnesses (not beneficiaries, and not married to beneficiaries).
  
• Everyone brings photo ID (good practice) and a good pen.
  
• In the same room:
  
  1. You declare the document to be your Will and sign on the last page (and initial any pages as advised).
     
  2. Each witness watches you sign, then each witness signs in your presence (print name, address, occupation).
     
• Date the Will correctly.
  
• Put the original somewhere safe and tell your executors where it is (plus contact details for MAR Legal).
  
• If needed, arrange certified copies for your records.
  

Reference: [GOV.UK – Make sure your Will is legal] and Age UK – Making a Will for plain-English reminders on witnesses and beneficiaries. GOV.UK

Keeping your Will up to date

Review your Will every 3–5 years and whenever life changes: marriage, separation/divorce, a new child or grandchild, buying or selling property, a business sale, moving abroad, or a beneficiary/executor dying. Small amendments can be made by codicil, but bigger updates usually warrant a new Will.

For a broader overview of why a Will matters and when to review it, see our companion article:
 

Do You Need a Will? Why Every Adult Should Have One

Cross-border estates (UK & UAE)

If you have assets in Dubai or elsewhere in the UAE, consider a DIFC Will alongside your UK Will so your wishes are recognised locally. Our private client team regularly prepares co-ordinated dual Wills that work together without accidental revocation.

• Learn more: DIFC Wills & Dubai Estate Planning
  
• Explore related planning: Power of Attorney in the UK
  

Ready to make (or update) your Will?

At MAR Legal, we:

• map your assets and family needs;
  
• draft a clear, robust Will (with trusts if needed);
  
• choreograph the signing and witnessing so it’s valid first time;
  
• store the original securely; and
  
• prompt you for future reviews.
  

Book a free initial chat
Call: +44 (0)161 491 3933 (click-to-call: tel:+441614913933)
Email: info@marlegal.co.uk